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    Necessary & Proper Podcast

    Necessary & Proper is the official podcast of the Federalist Society’s Article I Initiative. The Framers of the Constitution intended the legislature to be the most powerful branch of government. In its present state, as the government operates on a day to day basis, it is not. Were the Founders simply wrong about the inherent powers of the legislative branch? Has the institution of Congress developed practices that are not compatible with the text of the Constitution? Why are current Congressional leaders unable or unwilling to act as an effective check on the presidency? Why is Congress unable to pass a budget? Why has Congress ceded much of its authority to the executive branch and to administrative agencies? What does it mean to serve productively as a member of the House or Senate? These and other important questions are the focus of the Article I Initiative. Periodic releases from Necessary & Proper will feature experts who can shed light on what the Framers envisioned for the legislative branch and how it can be restored to its proper place in the constitutional order.

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    Latest Episodes:
    Necessary & Proper Episode 59: Supreme Court Nominations and the Perils of Court-Packing Dec 08, 2020
    Show notes

    On November 17, 2020, the Federalist Society's Article I Initiative and the Little Rock Lawyers Chapter co-hosted a webinar on Supreme Court nominations and the perils of court-packing.
    Featuring:
    Dan McLaughlin, Senior Writer, National Review Online
    Introduction: Chad Pekron, Lead Counsel – Appellate, Walmart


    Necessary & Proper Episode 59: Presidential Power: A Historical Perspective on Today Nov 06, 2020
    Show notes

    On November 2, 2020, the Federalist Society's Illinois Student Chapter hosted Logan Beirne for a discussion of the history of presidential power.
    Logan Beirne is a Clinical Lecturer in Law and a Faculty Fellow at the Information Society Project at Yale Law School. He is also the Chief Executive Officer of Matterhorn Transactions, Inc., a legal information services company that provides transaction term language and market trend analytics across the US, UK, and Canada.
    Featuring:
    - Logan Beirne, Clinical Lecturer in Law and Faculty Fellow, Information Society Project, Yale Law School


    Necessary & Proper Episode 58: Debate: The True Extent of Presidential Power Nov 02, 2020
    Show notes

    On October 29, the Penn and Temple Student Chapters of the Federalist Society hosted former officemates and leading scholars of presidential power for a debate on the true extent of presidential power. In his new book, "Defender in Chief," John Yoo argues that Trump, despite his populism, is more often the defender rather than the opponent of the original Constitution. In "The Living Presidency," however, Sai Prakash counters that Trump, like many modern presidents, has violated the Constitution's grant of executive power. The debate was moderated by Temple Law's Professor Craig Green.
    Featuring:
    - Saikrishna B. Prakash, James Monroe Distinguished Professor of Law and Paul G. Mahoney Research Professor of Law, University of Virginia School of Law
    - John C. Yoo, Emanuel S. Heller Professor of Law; Co-Faculty Director, Korea Law Center; and Director, Public Law & Policy Program, UC Berkeley School of Law
    - [Moderator] Craig Green, Professor of Law, Temple University Beasley School of Law


    Necessary & Proper Episode 57: Constitution Day Lecture: Inside the Mind of James Madison Sep 21, 2020
    Show notes

    To celebrate Constitution Day, the Rutgers Law School chapter of the Federalist Society hosted Dr. Colleen Sheehan, one of the nation's leading Madison scholars, to discuss the constitutional thought of James Madison and his role as the "Father of the Constitution."
    Dr. Sheehan is the Director of Graduate Studies at the Arizona State School of Civic and Economic Thought and Leadership. She is author of the Cambridge Companion to The Federalist, co-edited with Jack Rakove (Cambridge, 2020), The Mind of James Madison: The Legacy of Classical Republicanism (Cambridge, 2015), James Madison and the Spirit of Republican Self-Government (Cambridge, 2009), and Friends of the Constitution: Writings of the "Other" Federalists, 1787-88 (with Gary L. McDowell, Liberty Fund, 1998).
    Featuring:
    - Dr. Colleen Sheehan, Director of Graduate Studies, Arizona State School of Civic and Economic Thought and Leadership.


    Necessary & Proper Episode 56: Highlights from Senator Tom Coburn (2015) Apr 15, 2020
    Show notes

    Recently we were saddened to learn of the passing of Senator Tom Coburn. In this episode we bring you some highlights from a panel he participated in at the Federalist Society’s 2015 National Lawyers Convention. The panel was titled, Agency Rule: How Congress Can Reclaim its Legislative Authority. Senator Coburn spoke about a range of topics including Congressional leadership, limited government, federal debt, and the importance of debate. We hope you enjoy Senator Coburn’s reflections.
    Senator Tom Coburn, Former United States Senator, Oklahoma.


    Necessary & Proper Episode 55: 2020 National Student Symposium Panel II: The Proper Role of the Senate Apr 03, 2020
    Show notes

    On March 14, 2020, the Federalist Society held its 39th National Student Symposium. The Symposium was originally scheduled to be held at the University of Michigan's Law School but was rescheduled as a digital conference. The second panel explored "The Proper Role of the Senate".
    Much has changed concerning the Senate since the adoption of the Constitution. It is now directly elected. The nature of its power has changed with the passage of the 16th Amendment. And its unique role in confirmations and treaties and the nature of its role protecting smaller states all have undergone much discussion. The Senate has always played a key role in balancing purely democratic power. It has also protected the states and possibly served to defuse otherwise hostile geographical battles. Does or should this role change in our modern democracy? If so, how?
    Prof. Lynn A. Baker, Frederick M. Baron Chair in Law and Co-Director of the Center on Lawyers, Civil Justice and the Media, University of Texas at Austin School of Law
    Prof. Sanford V. Levinson, W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law, University of Texas at Austin School of Law
    Ms. Amanda Neely, General Counsel, Office of Senator Rob Portman
    Prof. John Yoo, Emanuel Heller Professor of Law and director of the Korea Law Center, University of California at Berkeley School of Law
    Moderator: Hon. Raymond M. Kethledge, United States Court of Appeals, Sixth Circuit


    Necessary & Proper Episode 54: Presidential Impeachment: Historical Context and Current Controversies Mar 17, 2020
    Show notes

    Description: On January 16 Penn State Law's Federalist Society Chapter co-hosted an impeachment dicussion featuring Professors Heidi Kitrosser and Keith E. Whittington. Kitrosser is a Robins Kaplan Professor of Law at the University of Minnesota Law School and Whittington is a William Nelson Cromwell Professor of Politics at Princeton University. We hope you enjoy it!
    Featuring:
    - Keith Whittingon, William Nelson Cromwell Professor of Politics at Princeton University
    - Heidi Kitrosser, Robins Kaplan Professor of Law at the University of Minnesota Law School


    Necessary & Proper Episode 53: Congressional Oversight with Jason Foster Mar 11, 2020
    Show notes

    Jason Foster of Good Government Now shares his experiences as counsel to four congressional committees in the U.S. House and Senate, where he directed fact-finding inquiries to inform their oversight and legislative functions.


    Necessary & Proper Episode 52: Can Congress Enforce their Subpoenas? Jan 07, 2020
    Show notes

    Can Congress enforce subpoenas they issue? Dr. William Murphy, Founder and President of Good Government Now, joins the Article I Initiative podcast to discuss their proposed rule changes that would enhance Congressional oversight and investigative powers.


    Necessary & Proper Episode 51: National Security and Executive Power Nov 08, 2019
    Show notes

    A discussion of National Security and Executive Power, recorded on October 10 at the Georgetown Law Center.


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